Do not build the fence!
There are different procedures to follow depending on what it is that you can't agree on. If the dispute relates to where to put the fence (property boundaries), then you will need to hire a land surveyor to define the boundary line. Cost for the surveyor is shared equally.
If one owner wants a fence of a higher standard than a sufficient dividing fence, the owner wanting the higher standard is liable to pay the difference in the cost between the two.
If you still cannot come to an agreement, there are several options depending on where you live. These include:
- Mediation and resolution through a Community Justice Centre
- Hearing at a local Magistrates Court
- Hearing before the Local Lands Board
- Hearing before the Small Claims Tribunal
Other important fencing points to note:
- If you failed to give your neighbour notice to fence or notice to repair then you are not covered under the dividing fences act.
- If the diving fence you are building will also act as a pool fence then the cost may not be evenly split. If additional safety measures are needed the pool owner is solely liable for the extra costs.
Each state and territory in Australia has its own version of the Dividing Fences Act. A copy of the Dividing Fences Act can be obtained from the following websites:
- ACT (http://www.legislation.act.gov.au)
- New South Wales (http://www.lands.nsw.gov.au/)
- Northern Territory (http://www.nt.gov.au/lands)
- Queensland (http://www.legislation.qld.gov.au)
- South Australia (http://www.legislation.sa.gov.au)
- Tasmania (http://www.thelaw.tas.gov.au)
- Victoria (http://www.liv.asn.au/public/legalinfo/)
- Western Australia (http://www.dhw.wa.gov.au)